Basil &nbspWay

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Full Name

Basil Paul Way

Background

The complainant in this case is your cousin. The offending began when the complainant was five years old. At that stage you were 17. The offending continued over the years until the complainant was at least 12 although she was unable to remember about times after that. She acknowledged a gap in the activity after she was 12. Your plea means you accept some offending took place after she turned 12 and you accepted at trial that the offending continued into your 20’s.

The contact involved you touching the complainant with your fingers on the skin of her genitalia. The first occasion the complainant remembers involved your pushing her back on a bed, in her home, taking her underpants off and then taking your pants down before touching her on her genitalia masturbating yourself. It appears the usual pattern was for you to touch the complainant and you would also masturbate yourself, ejaculating over the her.

Your counsel suggests that the frequency of these incidents is hard to determine. It was put to the complainant in cross-examination that these incidents happened once or twice a year. She said she could not be sure but that it was on a “regular” basis. In your video-taped interview you said you thought you masturbated on her 30 - 50 times although at trial you said you thought that was probably an overstatement.